New England Furniture Co. v. Joseph

New York Supreme Court

New England Furniture Co. v. Joseph

71 Misc. 121, 128 N.Y.S. 93

DecidedMarch 15, 1911

StatusPublished

This text of 71 Misc. 121 (New England Furniture Co. v. Joseph) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New England Furniture Co. v. Joseph, 71 Misc. 121, 128 N.Y.S. 93 (N.Y. Super. Ct. 1911).

Pincite

Opinion

Per Curiam.

On the trial of this action, defendant offered in evidence the judgment roll of a prior action between the same parties and asked for the dismissal of the complaint on the ground of res judicata. The judgment roll in the prior action is not in evidence; but the court, while examining it, and evidently reading from it, states that the complaint was dismissed on the merits. The minutes of the previous trial are in evidence, however, and show that, at the close of the case, defendant moved to dismiss on the ground that the plaintiff- had failed to prove delivery, which motion was granted.

In a court of inferior jurisdiction such as the Municipal Court of the city of ¡New York, where no formal judgment is entered other, than the indorsement of the justice ón the papers, it is proper to examine the record to discover what disposition was actually made of the case. The previous disposition, having been merely dismissal for failure of proof, was not -a bar to the present action.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

Present: Seabury, Page and Bijur, JJ.

Judgment reversed.

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Per Curiam.

On the trial of this action, defendant offered in evidence the judgment roll of a prior action between the same parties and asked for the dismissal of the complaint on the ground of res judicata. The judgment roll in the prior action is not in evidence; but the court, while examining it, and evidently reading from it, states that the complaint was dismissed on the merits. The minutes of the previous trial are in evidence, however, and show that, at the close of the case, defendant moved to dismiss on the ground that the plaintiff- had failed to prove delivery, which motion was granted.

In a court of inferior jurisdiction such as the Municipal Court of the city of ¡New York, where no formal judgment is entered other, than the indorsement of the justice ón the papers, it is proper to examine the record to discover what disposition was actually made of the case. The previous disposition, having been merely dismissal for failure of proof, was not -a bar to the present action.

Judgment reversed and new trial ordered, with costs to appellant to abide the event.

Present: Seabury, Page and Bijur, JJ.

Judgment reversed.

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Bluebook (online)

71 Misc. 121, 128 N.Y.S. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-england-furniture-co-v-joseph-nysupct-1911.